The state must restore the $4,900-per-month pension that was taken away from former Penn State assistant football coach Jerry Sandusky three years ago when he was sentenced to decades in prison on child molestation convictions, a court ordered Friday.
A Commonwealth Court panel ruled unanimously that the State Employeesâ Retirement Board wrongly concluded Sandusky was a Penn State employee when he committed the crimes that were the basis for the pension forfeiture.
âThe board conflated the requirements that Mr. Sandusky engage in âwork relating toâ PSU and that he engage in that work âforâ PSU,â wrote Judge Dan Pellegrini. âMr. Sanduskyâs performance of services that benefited PSU does not render him a PSU employee.â
Sandusky, 71, collected a $148,000 lump sum payment upon retirement in 1999 and began receiving monthly payments of $4,900.
The board stopped those payments in October 2012 on the day SanduskyÂ was sentenced to 30 to 60 years in prison for sexually abusing 10 children. A jury found him guilty of 45 counts for offenses that ranged from fondling to violent sexual attacks. Some of the encounters happened inside university facilities.
The basis for the pension boardâs decision was a provision in the state Pension Forfeiture Act that applies to âcrimes related to public office or public employment,â and he was convicted of indecent assault and involuntary deviate sexual intercourse.
The judges said the boardâs characterization of Sandusky as a Penn State employee at the time those offenses occurred was erroneous, because he did not maintain an employer-employee relationship with the university after 1999.
The judges ordered the board to pay back interest and reinstated the pension retroactively, granting him about three years of makeup payments.
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